The Criminal Statutes Repeal Act 1827 (7 & 8 Geo. 4. c. 27) or the Criminal Statutes (England) Repeal Act 1827 was an act of the Parliament of the United Kingdom that repealed for England and Wales enactments relating to the English criminal law from 1225 to 1826.
The act was one of Peel's Acts which consolidated, repealed and replaced a large number of existing statutes.
Similar provision was made for Ireland by the Criminal Statutes (Ireland) Repeal Act 1828 (9 Geo. 4. c. 53) and for India by the Criminal Law (India) Act 1828 (9 Geo. 4. c. 74).
In the United Kingdom, acts of Parliament remain in force until expressly repealed. Blackstone's Commentaries on the Laws of England, published in the late 18th-century, raised questions about the system and structure of the common law and the poor drafting and disorder of the existing statute book.
In 1806, the Commission on Public Records passed a resolution requesting the production of a report on the best mode of reducing the volume of the statute book. From 1810 to 1825, The Statutes of the Realm was published, providing for the first time the authoritative collection of acts. In 1816, both Houses of Parliament passed resolutions that an eminent lawyer with 20 clerks be commissioned to make a digest of the statutes, which was declared "very expedient to be done." However, this was never done.
On 16 March 1824, the Select Committee on the Criminal Law in England was appointed to consider the expediency of consolidating and amending the criminal law. The Select Committee reported on 2 April 1824, resolving to consolidate the criminal law under several heads and to bring in bills to do so.
In 1822, Sir Robert Peel entered the cabinet as home secretary and in 1826 introduced a number of reforms to the English criminal law, which became known as Peel's Acts. This included efforts to modernise, consolidate and repeal provisions from a large number of earlier statutes, including:
On 17 April 1826, In the committee of the whole house of the House of Commons for the Criminal Law Act 1826 (7 Geo. 4 c. 64), the home secretary, Sir Robert Peel , indicated to the House his intention to bring forward bills in the next session for the consolidation of criminal statutes.
Leave to bring in the Criminal Laws Consolidation Bills was given in the House of Commons on 22 February 1827, and the bill was brought in by the home secretary, Sir Robert Peel , the attorney general, Charles Wetherell , and the solicitor general, Sir Nicholas Conyngham Tindal . In his speech introducing the bill, Sir Robert Peel stated that the four consolidation bills aimed simplifying and consolidating criminal laws in England, including:
Peel's stated that overall aim was to simplify and modernize the criminal law, reducing the number of capital offenses and making the law more coherent and intelligible. He emphasised the need to proceed gradually with reforms to ensure their effectiveness and acceptance.
The Larceny Laws Repeal Bill had their first reading and second reading in the House of Commons on 13 March 1827 and were committed to a committee of the whole house. In the debate, Sir John Newport, 1st Baronet expressed his surprise that the bills did not extend to Ireland and was reassured that such bills (to become the Criminal Statutes (Ireland) Repeal Act 1828 (9 Geo. 4. c. 53)) were in preparation.
Following Peel's resignation as home secretary, Peel continued to superintend the passage of the bills through Parliament, The committee stage for the bill was deferred several times and the committee reported on 1 June 1827, with amendments. The amended bill had its third reading in the House of Commons on 6 June 1827.
The bill, now named the Larceny Laws &c. Repeal Bill, had its first reading in the House of Lords on 7 June 1827, second reading in the House of Lords on 13 June 1827 and was committed to a committee of the whole house. The committee met on 14 June 1827 and issued its report on 15 June 1827, with amendments to ensure bill extended to "Offences committed within the Jurisdiction of the Admiralty of England". The amended bill had third reading in the House of Lords on 18 June 1827 and passed, without amendments.
The amended bill was considered by and agreed to by the House of Commons on 19 June 1827.
The bill was granted royal assent on 21 June 1827.
In 1827, Peel's Acts were passed to modernise, consolidate and repeal provisions of the criminal law of England and Wales, including:
In 1828, parallel bills for Ireland to Peel's Acts were introduced, becoming:
In 1828, the Offences Against the Person Act 1828 (9 Geo. 4. c. 31) was passed, which consolidated enactments relating to offences against the person and repealed for England and Wales almost 60 related enactments. In 1829, the Offences Against the Person (Ireland) Act 1829 (10 Geo. 4. c. 34) was passed, which consolidated enactments relating to offences against the person and repealed for Ireland almost 60 enactments relating to the criminal law of Ireland.
In 1861, bills were introduced, drafted by Charles Sprengel Greaves to mirror Peel's Acts, to consolidate and modernise the criminal law across:
In 1861, the Criminal Consolidation Acts were passed for that purpose:
The territorial extent of the act was limited to England and Wales. Section 1 of the Criminal Statutes (Ireland) Repeal Act 1828 (9 Geo. 4. c. 53) largely mirrored the act for Ireland, including repealing acts extended to Ireland by the passage of Poynings' Act 1495. Section 125 of the Criminal Law (India) Act 1828 (9 Geo. 4. c. 74) repealed for India all the enactments listed in the act.
The territorial terms of the act led to several acts being for the avoidance of doubt for Scotland repealed by later Statute Law Revision Acts, including:
The whole act was repealed by section 1 of, and the schedule to, the Statute Law Revision Act 1873 (36 & 37 Vict. c. 91).
Section 1 of the act repealed 142 enactments, listed in that section. The territorial extent of the repeal, to take effect on 1 July 1827, was limited to England and Wales and the jurisdiction of the Admiralty of England. Section 1 of the act also provided that for offenses and other matters committed or done before or on the last day of June 1827, the repealed acts would still apply as if the act had not been passed.
Section 2 of the act stated that the extent of any repeals did not stretch to the Post Office, the South Sea Company, the Bank of England, "any Branch of the Public Revenue", navy and army stores and other royal "Public Stores", with the exception of: